St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)

Citation: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Parent Document: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-03-20
Original Source: https://www.courtlistener.com/opinion/9486704/st-nicks-alliance-llc-v-cordero/ ↗

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The proceeding was first noticed to be heard on October 11, 2022. The Legal Aid Society ("LAS") filed a notice of appearance for respondent on the November 14, 2022 adjournment date; the court adjourned the proceeding "[o]ver [p]etitioner's strenuous objections" to December 14, 2022, for respondent to file an answer or any motions. (NYSCEF Doc No. 6, November 14, 2022 decision/order.) Respondent's attorney filed an answer on December 14, 2022, which [*2]asserted four objections in law (improper service of the notice of petition and petition [FN1]
; defective predicate notice; failure to state a cause of action; and lack of legal capacity to bring proceeding) and four affirmative defenses (succession rights; entitlement to reasonable accommodation, "which may include, but is not limited to, a stay of the warrant of eviction until [r]espondent is able to obtain a suitable apartment necessary to support his disabilities"; retaliatory eviction; and breach of the warranty of habitability). (NYSCEF Doc No. 7, answer.) On December 14, 2022, the court administratively stayed the proceeding due to respondent's then-pending Emergency Rental Assistance Program ("ERAP") application.

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